Maharashtra

StateCommission

MA/08/1950

BANK OF MAHARASHTRA - Complainant(s)

Versus

SHRI SITARAM SHANKAR KAROTE - Opp.Party(s)

12 Jan 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/08/1950
 
1. BANK OF MAHARASHTRA
Maharastra
...........Appellant(s)
Versus
1. SHRI SITARAM SHANKAR KAROTE
Maharastra
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:
Applicant/appellant absent.
Adv.Ashutosh Marathe for the non-applicant/respondents No.1 to 11 present.
......for the Appellant
 
ORDER

(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)

 

(1)               There is a delay of 33 days in filing the appeal and hence application for condonation of delay.  Today, applicant/appellant remained absent.  Non-applicant/respondent No.1 to 11 i.e. original complainants are present through Adv.Ashutosh Marathe.  He strongly opposed the application for condonation of delay stating the delay is not properly calculated and explained. 

 

(2)               The delay is sought after making a statement that after passing impugned order by the forum, they immediately applied for certified copy on 20/08/2008 and accordingly it is supported by an affidavit of Shri Kashinath Vithoba Jalak, an official of the appellant bank.  It appears that the free copy of the order requires to be sent as per the rules to the party by the forum, but it is not sent.  Under the circumstances, we do not accept the statement of the non-applicant/respondent for the purpose of calculation of delay, the delay is not condoned.  

 

(3)               Under the circumstances, we accept the reason pleaded on behalf of the applicant/appellant.  We find the delay is satisfactorily explained.  We hold accordingly and pass the following order.

 

ORDER

 

(1)     The delay stands condoned.  Application is allowed accordingly. 

 

(2)     No order as to costs.  

 

Pronounced on 12th January, 2012.

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Narendra Kawde]
MEMBER

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